Terms and Conditions

Terms of use for DRIVERS

PLEASE READ CAREFULLY BEFORE USING THE SITE AND/OR DOWNLOADING THE APP.

This agreement (”Terms of Use") is a legal agreement between you (the “Customer”, “you”, “your”) and Parkpnp Limited (“us”, “we”, "our") for the
www.parkpnp.com
site (the “Site”), the Parkpnp mobile application software (the “App”); and the data supplied with the software, and the associated media (together, the “Platform”)

When you register to use the Platform in order to book a parking space via the Platform with a third party (the “Occupier”) that offers a parking space listed on the Platform (a “Parking Space”), you accept and agree to be bound by the following terms and conditions in relation to use of the Platform. We license use of the Platform to you on the basis of these Terms of Use and subject to any rules or policies applied by any appstore provider or operator from whose site (located at iTunes app store/Play app store (the “Appstore”)), the Customer downloaded the App (the “Appstore Rules”). We remain the owners of the App at all times.

IMPORTANT NOTICE:

BY DOWNLOADING THE APP, USING THE SITE AND/OR CLICKING ON THE "ACCEPT" BUTTON BELOW, YOU AGREE TO THESE TERMS OF USE WHICH WILL BIND YOU.THESE TERMS OF USE INCLUDE, IN PARTICULAR, THE LIMITATIONS ON LIABILITY SET OUT IN CLAUSE 13.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, WE WILL NOT LICENSE THE APP TO YOU AND YOU MUST DELETE THE APP FROM YOUR DEVICE.

Acknowledgements

These Terms of Use apply to the Platform or any of the services accessible through the Platform (the “Parkpnp Services”), including any updates or supplements to the Platform or any Parkpnp Service, unless they come with separate terms, in which case those terms apply.

We may change these terms at any time by notifying you of a change when you next open the website or start the App. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Parkpnp Services.

From time to time updates to the App may be issued through the Appstore. Depending on the update, you may not be able to use the Services until you have downloaded the latest version of the App and accepted any new terms. We reserve the right to charge a fee or amend fees for the App and any licences granted to such.

You will be assumed to have obtained permission from the owners of the computer, mobile, handheld or other devices (the “Devices”) that are controlled, but not owned, by you and to download a copy of the App onto the Devices.You and they may be charged by your and their service providers for internet access on the Devices and you and they are responsible for such charges. You accept responsibility in accordance with these Terms of Use for the use of the App or any Parkpnp Service on or in relation to any Device, whether or not it is owned by you.

The terms of our Privacy Policy
are incorporated into these Terms of Use by reference and apply to the Parkpnp Services.Additionally, by using the Platform or any Parkpnp Service, you acknowledge and agree that internet transmissions are never completely private or secure.You understand that any message or information you send using the Platform or any Parkpnp Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

By using the Platform or any of the Parkpnp Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Parkpnp Services that are internet-based or wireless to improve our products and to provide any Parkpnp Services to you.

Certain Parkpnp Services, will make use of location data sent from the Devices.You can turn off this functionality at any time by turning off the location services settings for the Platform on the Device.If you use these Parkpnp Services, you consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and parking-based products and services. You may withdraw this consent at any time by turning off the location services settings on your Device.

The Platform or any Service may contain links to other independent third-party websites (the “Third-party Sites”).Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any).You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.

Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.

Grant and Scope Of Licence

In consideration of you agreeing to abide by these Terms of Use (and pay any fees as we may, from time to time, decide to charge for the Platform), we grant you a non-transferable, non-exclusive, revocable licence to use the Platform on the Devices, for your own personal use, subject to these terms, the Privacy Policy and the Appstore Rules, incorporated into these Terms of Use by reference.We reserve all other rights.

Licence Restrictions

Except as expressly set out in these Terms of Use or as permitted by any local law, you agree:

not to copy the Platform or any content except where such copying is incidental to normal use of the Platform, or where it is necessary for the purpose of back-up or operational security;

not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Platform or any content;

not to make alterations to, or modifications of, the whole or any part of the Platform, or permit the Platform or any part of it to be combined with, or become incorporated in, any other programs;

not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Platform or attempt to do any such thing except to the extent that such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Platform with another software program, and provided that the information obtained by you during such activities:

is used only for the purpose of achieving inter-operability of the Platform with another software program;

is not unnecessarily disclosed or communicated without our prior written consent to any third party; and

is not used to create any software that is substantially similar to the Platform;

to include our copyright notice on all entire and partial copies you make of the Platform on any medium;

not to provide or otherwise make available the Platform in whole or in part (including object and source code), in any form to any person without prior written consent from us; and

to comply with all technology control or export laws and regulations that apply to the technology used or supported by the Platform or any Parkpnp Service (“Technology”),

(together “Licence Restrictions”).

Acceptable Use Restrictions

You must not:

use the Platform or any Parkpnp Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Platform, any Parkpnp Service or any operating system;

infringe our intellectual property rights or those of any third party in relation to your use of the Platform or any Parkpnp Service, including the submission of any material (to the extent that such use is not licensed by these Terms of Use);

transmit any material that is defamatory, offensive, threatening or otherwise objectionable in relation to your use of the Platform or any Parkpnp Service;

not use the Platform or any Parkpnp Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

collect or harvest any information or data from any Parkpnp Service or our systems or attempt to decipher any transmissions to or from the servers running any Parkpnp Service,

(together “Acceptable Use Restrictions”).

Uploading Material To The Platform

Whenever you make use of a feature that allows you to upload material to the Platform, you must comply with the Content Standards (see Clause 6 below). You warrant that any such contribution complies with those standards and you fully indemnify us for any breach of that warranty.

Any material you upload to the Platform will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Platform constitutes a violation of their intellectual property rights, or of their right to privacy.

Material uploaded to the Platform by the Customer will remain on the Platform for such time as we may determine from time to time and will be removed by us at our discretion. We reserve the right to limit and/or reduce the overall number of items posted or uploaded to the Platform by the Customer as we determine in our sole discretion.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Platform.

We have the right to, and you agree that we may, without liability to you, remove any material or posting you make on the Platform if, in our opinion, such material does not comply with the Content Standards (see Clause 6 below).

Content Standards

These content standards apply to any and all material which you contribute to the Platform (the "Contributions"), and to any Parkpnp Services associated with it (the "Content Standards").

We do not endorse any opinions expressed or Contributions made by any End-User of the Platform and shall have no liability for such opinions expressed or Contributions made.

You must comply with the spirit of the following standards as well as the letter. The Content Standards apply to each part of any Contribution as well as to its whole.

Contributions must:

be accurate (where they state facts);

be genuinely held (where they state opinions); and

comply with applicable law in Ireland and in any country from which they are posted.

Contributions must not:

contain any material which is defamatory of any person;

contain any material which is obscene, offensive, hateful, threatening or inflammatory;

be used to impersonate any person, or to misrepresent your identity or affiliation with any person;

give the impression that they emanate from us, if this is not the case; or

advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Registration

You warrant that all of the information provided and used in connection with your registration is accurate and does not interfere with the rights of any third parties.

It is a breach of these Terms of Use to provide inaccurate or false information on registration. If you fail to comply with this section 7, we may, at our sole discretion, take whatever action it deems appropriate, including, but not limited to, suspension of your access to the Platform or as otherwise set out in section 14.

You must be at least 18 years old to register as a Customer. When you register as a Customer, we will send you an automatic e-mail to the e-mail address provided on registration which you will be required to confirm receipt of in order to activate your registration.

IMPORTANT - YOUR ATTENTION IS DRAWN TO THIS SECTION
- Before you can make a booking with an Occupier, it will be necessary for you to accept and agree to be bound by any specific applicable terms and conditions with that Occupier (the “Occupier Terms”).

IMPORTANT - YOUR ATTENTION IS DRAWN TO THIS SECTION
- By registering to use the Platform, you agree to the terms issued by the payment services provider, acceptance of which is required in order for you to make payments through the Platform. Limitations may be imposed on you pursuant to the Payment Service Terms and may remain imposed until we or the payment services provider (as applicable) are in receipt of the documentation identified as being required for users. We disclaim all liability and responsibility for matters arising from or reliance upon the Payment Service Terms, which matters are properly addressed between the payment services provider and you.

Each registration as a Customer is for a single user only, whether as an individual or a legal entity.

If there has been unauthorised access to your account or other security breach, please notify us immediately at
[email protected].

Contracting Parties

By providing access to you to the Platform we act as a mere facilitator for you and the Occupier. We do not set the Parking Space fee, the terms between you and the Occupier or any other conditions of purchase, or any other matters related to the Parking Space. We are neither the customer nor proprietor, lessor or occupier of any Parking Space and merely provide a facility for you to book a Parking Space. We are not an Occupier and are not the agent of you or any Occupier. You, as the Customer, and the Occupier are the only parties to the contract regarding a Parking Space purchased by you via the Platform. You agree that we have no liability for any matter related to a booking for a Parking Space. In particular, you agree that we will have no liability for any of the following non-exhaustive list of items: damage caused to the Parking Space and/or the Occupier's property; damage to your vehicle; payment to the Occupier.

The Occupier Terms apply to the relationship between you and the Occupier.We will not be a party to the Occupier Terms nor have we any influence upon them.

You agree that we are not responsible for, and we accept no liability for, your, any other user’s or any Occupier’s actions, inactions or offline conduct. We accept no liability for any matter related to a Parking Space listed on the Platform and we have no control over and do not guarantee the quality, safety or legality of any Parking Space listed on the Platform, or the truth or accuracy of information provided by other users, any Occupiers or any other users of the Platform.

You agree that we are not responsible for, and we accept no liability for, any matters arising from the legal relationship that exists between you and the payment services provider which is governed by the Payment Service Terms. You further agree that we are not responsible for, and we accept no liability for, your or the payment services provider’s mistakes, defaults or negligence or in relation to any matter arising between you and the payment services provider regarding any payment transaction processed in connection with the Payment Service Terms.

Contract Formation

When you enquire to book a Parking Space listed on the Platform, this is deemed to be an offer. We will communicate your offer to book a Parking Space for the relevant specified dates and times to the Occupier who will review and, if your offer is accepted, the Occupier will confirm the Parking Space booking for those dates and times, which is deemed to be the acceptance by the Occupier of your offer.

Information about and the actual availability of a Parking Space is subject to the contract entered into by you and the Occupier by virtue of the Occupier Terms and we have no influence on such guidelines and information and accordingly have no liability in respect of it.

We are not responsible or liable for the non-delivery of emails or other communications from us or for failures in the payment collection or invoicing functionality on the Platform which are caused by technical matters beyond our control.

Payment

When an Occupier accepts your offer to book a Parking Space, the relevant booking information will be communicated to you. You will then pay for applicable fees for the Parking Space via the payment services provider's service on the App or the Site (as applicable). When payment for the booking has been received and the payment services provider has confirmed the payment, we will issue a booking confirmation to you on behalf of the Occupier.

Cancellations & Refunds of Payments

Cancellations and refunds will be dealt with in accordance with the Cancellation & Refunds Policy.

Intellectual Property Rights

You acknowledge that all intellectual property rights in the Platform, its content and the Technology anywhere in the world belong to us or our licensors, that rights in the Platform are licensed (not sold) to you, and that you have no rights in, or to, the Platform, the content or the Technology other than the right to use each of them in accordance with these Terms of Use.

You acknowledge that you have no right to have access to the Platform in source-code form.

Warranty and Limitation of Liability

Unless otherwise agreed by us in writing, the material and content displayed on the Platform is provided “as is” without any guarantees, conditions or warranties as to its accuracy or other terms of any kind.

To the extent permitted by law, we, other members of our group of companies, our officers and directors and third parties connected to us exclude:

all conditions, warranties and other terms which may otherwise be implied by statute, common law or the law of equity, including without limitation:

that the Platform and Parkpnp Services are merchantable, of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing;

that the Platform will meet your requirements, is error-free, without interruption or available at all times

that the results obtained from using the Platform, including any Parkpnp Services or deals, will be effective reliable accurate or meet your requirements;

warranties as to privacy and security other than as stated in our Privacy Policy;

that you will be able to access or use the Platform or Parkpnp Services at times or locations of your choosing; and

any warranties on the basis of oral or written information given by our representative;

any liability for any indirect, consequential, special, incidental or exemplary loss or damage incurred by you in connection with the Platform, the Parkpnp Services or in connection with the use, or results of the use of the Platform, any websites or apps linked to it and any materials posted on them, or for the following losses, whether direct or indirect:

We disclaim all liability and responsibility arising from any reliance placed on commentary or materials by any user of this Platform (including Contributions), or by anyone who may be informed of any of its contents. We do not actively monitor content posted by Customers and, as such, are not responsible for and give no warranty or representation in relation to any such content. You agree and acknowledge that we are an information society service provider and are not under an obligation to monitor the information which is uploaded, transmitted or stored on the Platform. If notified by a Customer of content or Contributions which allegedly do not conform to these Terms of Use or applicable laws or regulations, we may investigate the allegation and determine in good faith and our sole discretion whether to remove such content or Contributions. We reserve the right to remove content or Contributions which are not compliant with these Terms of Use or applicable laws and regulations.

Any offline meeting between the users of the Platform (the Customer and the Occupier) is the responsibility of each user. We have no liability or responsibility for the actions and behaviours of users of the Platform.You should always take appropriate safety precautions when meeting other users offline.

While we endeavour to ensure that the Platform is normally available 24 hours a day, we are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the internet or on any of our Parkpnp Services or combination thereof, including any injury or damage to your or to any person's Device related to or resulting from participation in connection with the Services. Access to the Platform may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

We will use reasonable endeavours to correct any errors or omissions as soon as practicable upon notification of them. However, we do not guarantee that the Parkpnp Services or the Platform will be free of faults and we do not accept liability for any errors or omissions. In the event of an error or fault, you should report it by email to:
[email protected].

We reserve the right at any time to modify or discontinue, temporarily or permanently, the Platform with or without notice. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuation of the Parkpnp Services.

You acknowledge that the Platform has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Platform meet your requirements.

We only supply the Platform for domestic, commercial and private use. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack or other technologically harmful material that may infect your device, your computer equipment, computer programs, data or other proprietary material due to your use of the Platform or to your downloading of any content on it or on any website linked to it.

We assume no responsibility for the content of websites linked on the Platform. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Our maximum aggregate liability under or in connection with these Terms of Use (including your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to €100.

Nothing in these Terms of Use shall limit or exclude our liability for:

death or personal injury resulting from our negligence;

fraud or fraudulent misrepresentation; and

any other liability that cannot be excluded or limited by Irish law.

You agree to indemnify us and keep us indemnified (including our directors, agents, servants and employees) against all losses, costs, charges, demands, proceedings, damages, actions, expenses and claims howsoever incurred by us as a result of:

a breach by you of these Terms of Use, the Payment Service Terms or the Occupier Terms;

any matter related to the purchase of services by you from an Occupier;

any matter or incident arising between: (i) you; and (ii) the Occupier and/or the Occupier's property or relating to any third party (for example, a passer-by) or an animal (for example, in each case, injury or death caused by your driving or other acts or omissions); and/or

any other matter arising out of or in connection with any use you may make of the Platform otherwise than in accordance with these Terms of Use or applicable law.

Termination

We will determine, in our discretion, whether there has been a breach by you of these Terms of Use. When we determine that a breach of these Terms of Use has occurred, we may take such action as we deem appropriate, including, but not limited to, the immediate, temporary or permanent withdrawal of your right to use the Platform.

We may terminate these Terms of Use immediately by written notice to you:

if you commit a material or persistent breach of these Terms of Use which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so;

if you breach any of the Licence Restrictions, the Acceptable Use Restrictions or the Content Standards; and/or

if you are proven or suspected, based on complaints from fellow passengers, Occupiers or otherwise, of having previously been anti-social, whether verbally and physically, while using the Services, or having previously caused to damage to any vehicles providing the Service.

On termination for any reason:

all rights granted to you under these Terms of Use shall cease;

you must immediately cease all activities authorised by these Terms of Use, including your use of any Parkpnp Services;

you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App then in your possession, custody or control; and

you may not attempt to use a Parking Space.

Communication Between Us / Disputes

If you wish to contact us in writing, or if any condition in these Terms of Use requires you to give us notice in writing, you can send this to us by e-mail to
[email protected].

If we have to contact you or give you notice in writing, we will do so by posting it to the Platform, by e-mail or by registered post to the address you provide to us in your request for the Platform.

The following is a link to the European Commission’s Online Dispute Resolution platform which is dedicated to helping consumers and traders resolve their disputes out-of-court:
http://ec.europa.eu/odr.

Events Outside Our Control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms of Use that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (“Event Outside Our Control”).

If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms of Use:

our obligations under these Terms of Use will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and

we will use our reasonable endeavours to find a solution by which our obligations under these Terms of Use may be performed despite the Event Outside Our Control.

Notice will be deemed received and properly served immediately when posted on the Platform, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

For contractual purposes, you consent to receive communications from us electronically to the e-mail address you provide to us during the registration process. You agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.

Other Important Terms

We may transfer our rights and obligations under these Terms of Use to another organisation, but this will not affect your rights or our obligations under these Terms of Use.

You may only transfer your rights or obligations under these Terms of Use to another person if we agree in writing.

These Terms of Use and any document expressly referred to in them and any other terms accepted by you in connection with your use of the Platform, represent the entire agreement between you and us in relation to their subject matter and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and us acknowledge that neither you nor us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between you and us except as expressly stated in these Terms of Use.

If we fail to insist that you perform any of your obligations under these Terms of Use, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

We may revise these Terms of Use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on the Platform.

Each of the conditions of these Terms of Use operates separately.If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

Please note that these Terms of Use, their subject matter and formation, are governed by Irish law. You and we both agree that the courts of Ireland will have exclusive jurisdiction.

These Terms of Use has been entered into on the date you accept these terms.

You should print a copy of these Terms of Use for future reference.

FOB

When you make a booking for a Parking Space listed on the Platform that requires the use of a key or FOB, you are held responsible for the safe keeping of the key/FOB.

On the first occurrence of any loss or damage of the key/FOB, Parkpnp will undertake to cover the cost of repair/ replacement of the key/FOB. Parkpnp will require a copy of valid receipt before payment is transferred to the Space Owners bank account.

On the second occurrence of any loss/ damage to a key/FOB, Parkpnp are not responsible or liable to cover the cost of repair/ replacement of the key/ FOB. The booker is solely responsible to cover any cost incurred for the additional repair/ replacement. Upon receipt of the cost incurred, Parkpnp will automatically charge the bookers bank account the additional cost to cover the replacement/ repair of the key/FOB. Please email [email protected] if you would like us to send you on a copy of this receipt.

Terms of use for LISTERS

PLEASE READ CAREFULLY BEFORE USING THE SITE AND/OR DOWNLOADING THE APP.

This agreement ("OccupierTerms") is a legal agreement between you (the “Occupier”, “you”, “your”) and Parkpnp Limited (“us”, “we”, "our") for the www.parkpnp.com site (the “Site”), the Parkpnp mobile application software (the “App”); and the data supplied with the software, and the associated media (together, the “Platform”)

When you register to use the Platform in order to list a parking space on the Platform (a “Parking Space”) and permit use of a Parking Space by a third party user of the Platform (the “Customer”), you accept and agree to be bound by the following terms and conditions in relation to use of the Platform. We license use of the Platform to you on the basis of these Occupier Terms and subject to any rules or policies applied by any appstore provider or operator from whose site (located at iTunes app store/Play app store (the “Appstore”)), you downloaded the App (the “Appstore Rules”). We remain the owners of the App at all times.

IMPORTANT NOTICE:

BY DOWNLOADING THE APP, USING THE SITE AND/OR CLICKING ON THE "ACCEPT" BUTTON BELOW, YOU AGREE TO THESE OCCUPIER TERMS WHICH WILL BIND YOU. THESE OCCUPIER TERMS INCLUDE, IN PARTICULAR, THE LIMITATIONS ON LIABILITY SET OUT IN CLAUSE 13.

IF YOU DO NOT AGREE TO THESE OCCUPIER TERMS, WE WILL NOT LICENSE THE APP TO YOU AND YOU MUST DELETE THE APP FROM YOUR DEVICE.

Acknowledgements

These Occupier Terms apply to the Platform or any of the services accessible through the Platform (the “Parkpnp Services”), including any updates or supplements to the Platform or any Parkpnp Service, unless they come with separate terms, in which case those terms apply.

We may change these terms at any time by notifying you of a change when you next open the website or start the App. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Parkpnp Services.

From time to time updates to the App may be issued through the Appstore. Depending on the update, you may not be able to use the Services until you have downloaded the latest version of the App and accepted any new terms. We reserve the right to charge a fee or amend fees for the App and any licences granted to such.

You will be assumed to have obtained permission from the owners of the computer, mobile, handheld or other devices (the “Devices”) that are controlled, but not owned, by you and to download a copy of the App onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices and you and they are responsible for such charges. You accept responsibility in accordance with these Occupier Terms for the use of the App or any Parkpnp Service on or in relation to any Device, whether or not it is owned by you.

The terms of our Privacy Policy are incorporated into these Occupier Terms by reference and apply to the Parkpnp Services. Additionally, by using the Platform or any Parkpnp Service, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the Platform or any Parkpnp Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

By using the Platform or any of the Parkpnp Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Parkpnp Services that are internet-based or wireless to improve our products and to provide any Parkpnp Services to you.

Certain Parkpnp Services, will make use of location data sent from the Devices. You can turn off this functionality at any time by turning off the location services settings for the Platform on the Device. If you use these Parkpnp Services, you consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and parking-based products and services. You may withdraw this consent at any time by turning off the location services settings on your Device.

The Platform or any Service may contain links to other independent third-party websites (the “Third-party Sites”). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.

Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.

Grant and Scope Of Licence

In consideration of you agreeing to abide by these Occupier Terms (and pay any fees as we may, from time to time, decide to charge for the Platform), we grant you a non-transferable, non-exclusive, revocable licence to use the Platform on the Devices, for your own personal use, subject to these terms, the Privacy Policy and the Appstore Rules, incorporated into these Occupier Terms by reference. We reserve all other rights.

Licence Restrictions

Except as expressly set out in these Occupier Terms or as permitted by any local law, you agree:

not to copy the Platform or any content except where such copying is incidental to normal use of the Platform, or where it is necessary for the purpose of back-up or operational security;

not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Platform or any content;

not to make alterations to, or modifications of, the whole or any part of the Platform, or permit the Platform or any part of it to be combined with, or become incorporated in, any other programs;

not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Platform or attempt to do any such thing except to the extent that such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Platform with another software program, and provided that the information obtained by you during such activities:

is used only for the purpose of achieving inter-operability of the Platform with another software program;

is not unnecessarily disclosed or communicated without our prior written consent to any third party; and

is not used to create any software that is substantially similar to the Platform;

to include our copyright notice on all entire and partial copies you make of the Platform on any medium;

not to provide or otherwise make available the Platform in whole or in part (including object and source code), in any form to any person without prior written consent from us; and

to comply with all technology control or export laws and regulations that apply to the technology used or supported by the Platform or any Parkpnp Service (“Technology”),

(together “Licence Restrictions”).

Acceptable Use Restrictions

You must not:

use the Platform or any Parkpnp Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Occupier Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Platform, any Parkpnp Service or any operating system;

infringe our intellectual property rights or those of any third party in relation to your use of the Platform or any Parkpnp Service, including the submission of any material (to the extent that such use is not licensed by these Occupier Terms);

transmit any material that is defamatory, offensive, threatening or otherwise objectionable in relation to your use of the Platform or any Parkpnp Service;

not use the Platform or any Parkpnp Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

collect or harvest any information or data from any Parkpnp Service or our systems or attempt to decipher any transmissions to or from the servers running any Parkpnp Service;

use the Platform or any Parkpnp Service in order to contact, advertise to, solicit or sell to any person, whether a Customer or otherwise, other than as permitted by these Occupier Terms;

use the Platform or any Parkpnp Service for the purposes of identifying persons to whom you intend to engage in dealings with to make available a Parking Space booked otherwise than via the Platform,

(together “Acceptable Use Restrictions”).

Uploading Material To The Platform

Whenever you make use of a feature that allows you to upload material to the Platform, you must comply with the Content Standards (see Clause 6 below). You warrant that any such contribution complies with those standards and you fully indemnify us for any breach of that warranty.

Any material you upload to the Platform will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Platform constitutes a violation of their intellectual property rights, or of their right to privacy.

Material uploaded to the Platform by the Occupier will remain on the Platform for such time as we may determine from time to time and will be removed by us at our discretion. We reserve the right to limit and/or reduce the overall number of items posted or uploaded to the Platform by the Occupier as we determine in our sole discretion.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Platform.

We have the right to, and you agree that we may, without liability to you, remove any material or posting you make on the Platform if, in our opinion, such material does not comply with the Content Standards (see Clause 6 below).

Content Standards

These content standards apply to any and all material which you contribute to the Platform (the "Contributions"), and to any Parkpnp Services associated with it (the "Content Standards").

We do not endorse any opinions expressed or Contributions made by any End-User of the Platform and shall have no liability for such opinions expressed or Contributions made.

You must comply with the spirit of the following standards as well as the letter. The Content Standards apply to each part of any Contribution as well as to its whole.

Contributions must:

be accurate (where they state facts);

be genuinely held (where they state opinions); and

comply with applicable law in Ireland and in any country from which they are posted.

Contributions must not:

contain any material which is defamatory of any person;

contain any material which is obscene, offensive, hateful, threatening or inflammatory;

be used to impersonate any person, or to misrepresent your identity or affiliation with any person;

give the impression that they emanate from us, if this is not the case; or

advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Registration & Listing

You warrant that all of the information provided and used in connection with your registration is accurate and does not interfere with the rights of any third parties.

It is a breach of these Occupier Terms to provide inaccurate or false information on registration or when providing information in respect of a Parking Space you are listing on the Platform. If you fail to comply with this section 7, we may, at our sole discretion, take whatever action it deems appropriate, including, but not limited to, suspension of your access to the Platform or as otherwise set out in section 14.

You must be at least 18 years old to register as an Occupier. When you register as an Occupier, we will send you an automatic e-mail to the e-mail address provided on registration which you will be required to confirm receipt of in order to activate your registration.

IMPORTANT - YOUR ATTENTION IS DRAWN TO THIS SECTION - Before you can permit a Customer to use a Parking Space, it will be necessary for you to accept and agree any necessary additional terms and conditions with that Customer (the “Property Licence Terms”).

IMPORTANT - YOUR ATTENTION IS DRAWN TO THIS SECTION - By registering to use the Platform, you agree to the terms set out issued by the payment services provider, acceptance of which is required in order for you to receive payments through the Platform. Limitations may be imposed on you pursuant to the Payment Service Terms and may remain imposed until we or the payment services provider (as applicable) are in receipt of the documentation identified as being required for users. We disclaim all liability and responsibility for matters arising from or reliance upon the Payment Service Terms, which matters are properly addressed between the payment services provider and you.

Each registration as an Occupier is for a single user only, whether as an individual or a legal entity.

If there has been unauthorised access to your account or other security breach, please notify us immediately at [email protected]

In order for you to list a Parking Space on the Platform, it will be necessary for you to provide to us the information that we require which includes, but is not limited to, the following:

any information we require for the automated invoicing and payments process.]

By listing a Parking Space on the Platform, you confirm and warrant to us that:

you are authorised to the list the Parking Space on the Platform and are not restricted in any way from permitting use for parking a vehicle by a Customer;

the Parking Space is available on the dates and times specified and that the listing is accurate, current and complete and is not misleading or otherwise deceptive; and

you hold and will continue to hold all required regulatory approvals, authorisations, licences or registrations to the list the Parking Space on the Platform and will comply with applicable law in respect of your use of the Services and any payments you receive in respect of the Services and/or the Platform.

Contracting Parties

By providing access to you to the Platform we act as a mere facilitator for you and the Customer. We do not set the Parking Space fee, the terms between you and the Customer or any other conditions of purchase, or any other matters related to the Parking Space. We are neither the customer nor proprietor, lessor or occupier of any Parking Space and merely provide a facility for you to list a Parking Space for booking by third parties. We are not a customer and are not the agent of you or any Customer. You, as the Occupier, and the Customer are the only parties to the contract regarding a Parking Space listed by you on, and booked by the Customer via, the Platform. You agree that we have no liability for any matter related to a booking for a Parking Space. In particular, you agree that we will have no liability for any damage caused to the Parking Space and/or any of your property by the Customer.

The Property Licence Terms apply to the relationship between you and the Customer. We will not be a party to the Property Licence Terms nor have we any influence upon them.

You agree that we are not responsible for, and we accept no liability for, your, any other user’s or any Customer’s actions, inactions or offline conduct. We accept no liability for any matter related to a Parking Space listed on the Platform and we have no control over and do not guarantee the quality, safety or legality of any Parking Space listed on the Platform, or the truth or accuracy of information provided by other users, any Customers or any other users of the Platform.

You agree that we are not responsible for, and we accept no liability for, any matters arising from the legal relationship that exists between you and the payment services provider which is governed by the Payment Service Terms. You further agree that we are not responsible for, and we accept no liability for, your or the payment services provider’s mistakes, defaults or negligence or in relation to any matter arising between you and the payment services provider regarding any payment transaction processed in connection with the Payment Service Terms.

Contract Formation

When a Customer requests to book a Parking Space on the Platform, this is deemed to be an offer from the Customer. We will communicate this offer to book a listed Parking Space for the relevant specified dates and times to you and you will then be required to accept the Customer's Parking Space booking for those dates and times. We will then confirm your acceptance of the Customer's offer.

We are not responsible or liable for the non-delivery of emails or other communications from us or for failures in the payment collection or invoicing functionality on the Platform which are caused by technical matters beyond our control.

Payment

When you accept a Customer's offer to book a Parking Space, the relevant booking information will be communicated to the Customer. The Customer will then be required to pay the applicable fees for the Parking Space via the payment services provider's service on the App or the Site (as applicable). When payment for the booking has been received and the payment services provider has confirmed the payment, we will issue a booking confirmation to the Customer on your behalf.

In consideration of providing the Parkpnp Services to you, we will charge you, and you agree to pay, a upfront fee (plus VAT) per Parking Space listed on the Platform, the payment of which is required in order for you to be permitted to list a Parking Space on the Platform and in advance of the listing going live (the “Listing Fee”).

In consideration of providing the Platform Services to you, we will charge you, and you agree to pay, a commission-based fee of [[ ]% of the total amount of the price (plus VAT if applicable) payable by a Customer for a booking] (the “Fee”). The Fee is accrued once the booking is confirmed. You agree that the payment service provider shall automatically make payment to us of the Fee which shall be deducted from the amount payable to you by the Customer before transferring the balance of the fee to you.

Cancellations & Refunds of Payments

Cancellations and refunds will be dealt with in accordance with the Cancellation & Refunds Policy.

If a Customer seeks to cancel a booking or seeks a refund, the rights of the Customer to claim a refund of the payments made shall be subject to applicable law and applicable contractual provisions.

You will bear the risk of fraud and unauthorised use (e.g. fraudulent purchase arising from theft of a debit card or credit card and/or unauthorised use of a Customer’s debit card or credit card information or electronic money account) occurring in connection with a Customer's payment after receipt by you of payment for the listing and will, on our request, immediately refund monies via the facility made available on the Platform where there has been such a reported unauthorised transaction.

Intellectual Property Rights

You acknowledge that all intellectual property rights in the Platform, its content and the Technology anywhere in the world belong to us or our licensors, that rights in the Platform are licensed (not sold) to you, and that you have no rights in, or to, the Platform, the content or the Technology other than the right to use each of them in accordance with these Occupier Terms.

You acknowledge that you have no right to have access to the Platform in source-code form.

Warranty and Limitation of Liability

Unless otherwise agreed by us in writing, the material and content displayed on the Platform is provided “as is” without any guarantees, conditions or warranties as to its accuracy or other terms of any kind.

To the extent permitted by law, we, other members of our group of companies, our officers and directors and third parties connected to us exclude:

all conditions, warranties and other terms which may otherwise be implied by statute, common law or the law of equity, including without limitation:

that the Platform and Parkpnp Services are merchantable, of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing;

that the Platform will meet your requirements, is error-free, without interruption or available at all times

that the results obtained from using the Platform, including any Parkpnp Services or deals, will be effective reliable accurate or meet your requirements;

warranties as to privacy and security other than as stated in our Privacy Policy;

that you will be able to access or use the Platform or Parkpnp Services at times or locations of your choosing; and

any warranties on the basis of oral or written information given by our representative;

any liability for any indirect, consequential, special, incidental or exemplary loss or damage incurred by you in connection with the Platform, the Parkpnp Services or in connection with the use, or results of the use of the Platform, any websites or apps linked to it and any materials posted on them, or for the following losses, whether direct or indirect:

We disclaim all liability and responsibility arising from any reliance placed on commentary or materials by any user of this Platform (including Contributions), or by anyone who may be informed of any of its contents. We do not actively monitor content posted by Customers and, as such, are not responsible for and give no warranty or representation in relation to any such content. You agree and acknowledge that we are an information society service provider and are not under an obligation to monitor the information which is uploaded, transmitted or stored on the Platform. If notified by a Customer of content or Contributions which allegedly do not conform to these Occupier Terms or applicable laws or regulations, we may investigate the allegation and determine in good faith and our sole discretion whether to remove such content or Contributions. We reserve the right to remove content or Contributions which are not compliant with these Occupier Terms or applicable laws and regulations.

Any offline meeting between the users of the Platform (the Customer and the Occupier) is the responsibility of each user. We have no liability or responsibility for the actions and behaviours of users of the Platform. You should always take appropriate safety precautions when meeting other users offline.

While we endeavour to ensure that the Platform is normally available 24 hours a day, we are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the internet or on any of our Parkpnp Services or combination thereof, including any injury or damage to your or to any person's Device related to or resulting from participation in connection with the Services. Access to the Platform may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

We will use reasonable endeavours to correct any errors or omissions as soon as practicable upon notification of them. However, we do not guarantee that the Parkpnp Services or the Platform will be free of faults and we do not accept liability for any errors or omissions. In the event of an error or fault, you should report it by email to: [email protected]

We reserve the right at any time to modify or discontinue, temporarily or permanently, the Platform with or without notice. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuation of the Parkpnp Services.

You acknowledge that the Platform has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Platform meet your requirements.

We only supply the Platform for domestic and private use. You agree not to use the Platform for any commercial, business or resale purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack or other technologically harmful material that may infect your device, your computer equipment, computer programs, data or other proprietary material due to your use of the Platform or to your downloading of any content on it or on any website linked to it.

We assume no responsibility for the content of websites linked on the Platform. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Our maximum aggregate liability under or in connection with these Occupier Terms (including your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to €100.

You agree to indemnify us and keep us indemnified (including our directors, agents, servants and employees) against all losses, costs, charges, demands, proceedings, damages, actions, expenses and claims howsoever incurred by us as a result of:

a breach by you of these Occupier Terms, the Payment Service Terms or the Property Licence Terms;

any matter related to the purchase of services by you from an Occupier;

any matter or incident arising between: (i) you; and (ii) the Customer and/or the Customer's vehicle or property or relating to any third party (for example, a passer-by) or an animal (for example, in each case, injury or death caused by your acts or omissions); and/or

any other matter arising out of or in connection with any use you may make of the Platform otherwise than in accordance with these Occupier Terms or applicable law.

Termination

We will determine, in our discretion, whether there has been a breach by you of these Occupier Terms. When we determine that a breach of these Occupier Terms has occurred, we may take such action as we deem appropriate, including, but not limited to, the immediate, temporary or permanent withdrawal of your right to use the Platform.

We may terminate these Occupier Terms immediately by written notice to you:

if you commit a material or persistent breach of these Occupier Terms which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so;

if you breach any of the Licence Restrictions, the Acceptable Use Restrictions or the Content Standards; and/or

if you are proven or suspected, based on complaints from fellow passengers, Occupiers or otherwise, of having previously been anti-social, whether verbally and physically, while using the Services, or having previously caused to damage to any vehicles providing the Service.

On termination for any reason:

all rights granted to you under these Occupier Terms shall cease;

you must immediately cease all activities authorised by these Occupier Terms, including your use of any Parkpnp Services;

you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App then in your possession, custody or control.

Communication Between Us / Disputes

If you wish to contact us in writing, or if any condition in these Occupier Terms requires you to give us notice in writing, you can send this to us by e-mail to [email protected]. We will confirm receipt of this by contacting you by e-mail.

If we have to contact you or give you notice in writing, we will do so by posting it to the Platform, by e-mail or by registered post to the address you provide to us in your request for the Platform.

The following is a link to the European Commission’s Online Dispute Resolution platform which is dedicated to helping consumers and traders resolve their disputes out-of-court: http://ec.europa.eu/odr.

Events Outside Our Control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Occupier Terms that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (“Event Outside Our Control”).

If an Event Outside Our Control takes place that affects the performance of our obligations under these Occupier Terms:

our obligations under these Occupier Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and

we will use our reasonable endeavours to find a solution by which our obligations under these Occupier Terms may be performed despite the Event Outside Our Control.

Notices

All notices given by you to us should be sent to us to [email protected]. Subject to and as otherwise specified in these Occupier Terms, we may give notice to you at either the e-mail or postal address you provide to us during the registration process.

Notice will be deemed received and properly served immediately when posted on the Platform, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

For contractual purposes, you consent to receive communications from us electronically to the e-mail address you provide to us during the registration process. You agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.

Other Important Terms

We may transfer our rights and obligations under these Occupier Terms to another organisation, but this will not affect your rights or our obligations under these Occupier Terms.

You may only transfer your rights or obligations under these Occupier Terms to another person if we agree in writing.

These Occupier Terms and any document expressly referred to in them and any other terms accepted by you in connection with your use of the Platform, represent the entire agreement between you and us in relation to their subject matter and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and us acknowledge that neither you nor us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between you and us except as expressly stated in these Occupier Terms.

If we fail to insist that you perform any of your obligations under these Occupier Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

We may revise these Occupier Terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Occupier Terms may also be superseded by provisions or notices published elsewhere on the Platform.

Each of the conditions of these Occupier Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

Please note that these Occupier Terms, their subject matter and formation, are governed by Irish law. You and we both agree that the courts of Ireland will have exclusive jurisdiction.

These Occupier Terms has been entered into on the date you accept these terms.

You should print a copy of these Occupier Terms for future reference.

Promo Codes

Terms and Conditions

READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PARTICIPATING. YOU
WILL BE DEEMED TO HAVE ACCEPTED THESE TERMS AND CONDITIONS AND AGREED
TO BE BOUND BY THEM WHEN PARTICIPATING IN THIS PROMOTION. AMONG OTHER
THINGS, THESE TERMS AND CONDITIONS INCLUDE LIMITATIONS OF YOUR RIGHTS
AND REMEDIES.

A. Eligibility

1.

These terms and conditions apply to all Parkpnp
promotions.

2.

The Promotion is open to all individuals aged 16
years or over who have an Parkpnp account and are
compliant with our
Terms and Conditions.

The Promotion will be available for the period of
time specified in the Promotion marketing. If no
period of time is specified therein, the Promotion
will be available for a limited time only at
Parkpnp’s sole discretion. The Promoter reserves
the right to hold, void, cancel, suspend, or amend
the Promotion where it becomes necessary to do so.

5.

Participation in the Promotion is limited to
Parkpnp users in locations where Parkpnp spaces are
available.

C. Entry

Promotion Codes

6.

To redeem a Discount code, a user of Parkpnp must
have signed-up at at
https://parkpnp.com/users/sign_up, registered and
have active internet connection.

7.

Parkpnp users who enter the Discount Code before
making a booking request will get up to the value
of the Discount Code specified in the promotion
marketing. The Discount may be either a specified
amount off a booking (e.g., up to €5, or up to
€10), or a specified percentage off a booking
(e.g., 10%, 20%). The Promotion marketing may
specify that the Discount Code may only be redeemed
by new users of Parkpnp on their first one or more
bookings (as specified in the Promotion marketing).

8.

The Discount Code is redeemable for a discount to
be used toward the total cost of a user’s booking.

9.

Discount as a specified amount off a booking: If
the user’s booking costs less than the Discount,
the remaining amount cannot be rolled over. If the
user’s booking costs more than the Discount, the
user will be liable for the full remaining balance
of the transaction, which shall be charged to the
payment method attached to the user’s Parkpnp
account.

10.

Discount as a specified percentage of a booking: a
user of Parkpnp will have access to the Discount,
subject to any maximum booking value limited to one
individual space and specified in the Promotion
marketing.

11.

A Code may only be used once by each Parkpnp user
and will be valid until the date specified in the
relevant Promotion, or for the number of bookings
specified in the Promotion. Unless otherwise
specified in the Promotion, a Code will expire ten
(10) days from the date of the Promotion marketing.
Parkpnp will not liable to honour any Discount
Codes if they come into financial hardship or
bankruptcy.

12

A Code cannot be transferred, duplicated or sold
and there is no cash value.

13

Successful redemption of a Code is subject to the
availability of Lister to provide a parking space.

14.

A Code is not cumulative and cannot be used in
conjunction with other promotion codes. The last
promotion code a user applies will be the first
promo code used.

D. General

15.

The Promoter does not assume any responsibility for
any typographical error or other error in the
administration of the Promotion.

16.

The decision of the Promoter regarding any aspect
of the Promotion is final and binding and no
correspondence will be entered into about it.

17.

Third party terms and conditions may apply to any
part of the Promotion where applicable.

18.

Participants are deemed to have accepted and agreed
to be bound by these Terms and Conditions upon
participation in the Promotion. The Promoters
reserve the right to refuse participant in the
Promotion to anyone in breach of these Terms and
Conditions.

19.

Insofar as is permitted by law, the Promoter, its
agents or distributors will not in any
circumstances be responsible or liable to
compensate a participator, accept any liability
(whether direct, indirect, special, incidental,
exemplary, punitive or consequential) for any loss,
damage, personal injury or death arising out of or
in connection with any participant’s participation
in the Promotion whether such liability arises from
any claim based upon contract, warranty, tort
(including negligence), strict liability or
otherwise, and whether or not the Promoter or its
affiliates have been advised of the possibility of
such loss, damage, personal injury or death. Your
statutory rights are not affected. Any liability of
the Promoter arising in connection with the
Promotion shall be severed and the Promoter accepts
no joint liability in connection with the
Promotion.

20.

The Promoter reserves the right to modify and amend
these Terms and Conditions from time to time during
the Promotion period.

21.

The invalidity or unenforceability of any
provision, or part thereof, of these Terms and
Conditions will not affect the validity or
enforceability of any other provision or part
thereof. In the event that any provision, or part
thereof, of these Terms and Conditions is
determined to be invalid or otherwise unenforceable
or illegal, the other provisions, or parts thereof,
will remain in effect and will be construed in
accordance with their terms as if the invalid or
illegal provision were not contained herein.
Promoter’s failure to enforce any term of these
Terms and Conditions will not constitute a waiver
of that term or any other provision of these Terms
and Conditions.

22.

In the event there is a discrepancy or
inconsistency between disclosures or other
statements contained in the Promotion–related
materials and these Terms and Conditions, these
Terms and Conditions shall prevail, govern and
control and the discrepancy will be resolved in
Promoter’s sole and absolute discretion.

23.

Except where prohibited by law, participants agree
that any dispute, conflict or controversy,
howsoever arising out of or broadly in connection
with or relating to the Promotion shall be resolved
individually, without resort to any form of class
action, and shall be first mandatorily submitted to
settlement proceedings under the International
Chamber of Commerce Mediation Rules (ICC Mediation
Rules). If the said dispute has not been settled
within sixty (60) days after a request for
Mediation has been submitted under the said ICC
Mediation Rules, such dispute shall be exclusively
and finally resolved by arbitration under the Rules
of Arbitration of the International Chamber of
Commerce (ICC Arbitration Rules). The ICC Rules’
Emergency Arbitrator provisions are excluded. The
dispute shall be resolved by one arbitrator to be
appointed in accordance with the ICC Rules. The
place of arbitration shall be Dublin, Ireland. The
language of the arbitration shall be English.

24.

All issues and questions concerning the
construction, validity, interpretation and
enforceability of these terms and conditions, or
the rights and obligations of the participants and
the Promoter or its affiliates in connection with
the Promotion (whether contractual or
non-contractual), shall be governed by, and
construed in accordance with the laws of Ireland.

25.

For any issues in relation to a Promotion, contact
Parkpnp support at [email protected]

26

The Promoter of this Promotion is Parkpnp Ltd.

Parkpnp Price Promise

To qualify for our best-price guarantee, the competitor’s rate must:

1.

Be quoted in euro, including fees and taxes. The rate must exclude any card fees and must not have been calculated using a currency converter.

2.

Apply to the same geographical location (apartment block, estate or road), dates and space size.

3.

Be subject to the same booking and cancellation policies.

4.

Must be quoted by a registered company whose commercial activities pertain to the renting of car parking spaces.

5.

Must issue proof of payment.

6.

Must be a publicly advertised space which can be booked by members of the public.

An alternative space will be provided within a 1km radius of the initial space for less than competitor’s rate.

The following do not qualify for our best-price guarantee

1.

Spaces booked as part of promotional packages.

2.

Rates quoted on websites which can not accept bookings. Specially negotiated rates, such as travel agent, staff, corporate or membership rates, rates that are only available to subscribers to or members of a website, or any other rate that is not available to the general public.

Value Added Tax

Parkpnp is required to collect VAT on its service fees in countries that tax Electronically Supplied Services. Currently, that includes all countries in the EU.

VAT rates are calculated according to the local rate of the customer's country of residence. Parkpnp charges VAT on its service fees for customers from the European Union.

Guests

VAT is charged at the time of payment and is based on the total guest service fee for a reservation.VAT adjusts to reflect any change in the service fee.

Hosts

VAT is deducted from your payout and is based on the total host service fee for a reservation. VAT adjusts to reflect any change in the service fee.